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Know your Rights - Section Three:

Summary of Resident Rights  

"You have the right to be free from a physical or chemical restraint."  

The right to exercise your rights

This is a summary of RCW 70.129, the Washington State Law on Residents Rights, enacted in 1994. The rights are presented in the same order as in the code. (See Find out about enforcement actions in Facilities Track Record section of Choosing a Facility.)

 

1. You can communicate with whom you choose

You can make decisions about all aspects of your life: e.g., your healthcare, food, activity preferences, visitors, when you go to bed and when you get up.

You can not be held in the facility against your will, even if you have a guardian.

You have the right to be free of interference, coercion, discrimination, and reprisal in exercising your rights.

 

2.  Right to participate in and decide your plan of care

You have the right to participate in your care conferences and be involved in planning your care on an ongoing basis.

You have the right to be informed in advance about care and treatment and any changes that affect your well being.

You have the right to refuse care.

 

3. Right to information

You have the right to request your records and receive them within twenty-fours hours.

You must be informed in writing in a language understandable to you (before admission and once every two years) about services, items, and activities that the facility offers and what they cost.  This also includes services, items, and activities not covered by state and federal programs (e.g., Medicare and Medicaid) or included in the basic daily rate.

In general, you must receive thirty days’ advanced written notice of any changes in availability or charges for services, items, activities, or of changes in the facility’s rules.

You have the right to be informed that the facility’s latest survey or inspection is available and the right to examine it, including any plans of correction.

 

4.  Right to privacy and respect

You have the right to be treated with respect and dignity.

Staff must seek your permission before entering your room.

Your written consent is required before your personal and clinical records can be released to anyone outside the facility unless otherwise provided by law.

 

5.  Right to Hold Resident and Family Meetings

You have the right to organize and participate in resident groups in the facility.

Families may also meet in the facility with the families of other residents.

The facility must provide a resident or family group with meeting space.

  

6.  Right to Use Personal Possessions

You have the right to retain and use personal possessions and furnishings, as space permits.

You have the right to a lockable space for small items of personal property.

 

7.  Right to Not Be Required to Work

You have the right to refuse to perform services for the facility, unless you voluntarily have given agreement.

 

8. Right to manage financial affairs

The facility must have a system for full, complete, and separate accounting of your personal funds.

Your individual financial record must be made available to you upon request.

         

9.  Right to Be Free from Abuse and Restraints

You have the right to be free from a physical or chemical restraint.

  

10.  Right to Notice of Admission Fees, Deposits, Minimum Stay Fees

Prior to admission, you have the right to receive in writing, in an understandable language, a statement of the amount of any admission fees, deposits, pre-paid charges, or minimum stay fees required by the facility and what portion of these charges will be refunded if you leave the facility.

The facility shall also disclose to you, in advance of your stay, the facility’s advance notice or transfer requirements.

If the facility does not provide these written disclosures to you prior to admission, you have the right to any deposits, admission fees, prepaid charges, or minimum stay fees you paid to the facility.

 

11.  Right to Refunds

All refunds due are required to be refunded by the facility within thirty days from the date of your discharge.

If you are hospitalized, transferred to another facility for more appropriate care, or die, the facility must refund any monies you have paid less the facility’s per diem rate for the days you resided, reserved or retained a bed in the facility, minus an amount not to exceed five days’ per diem charges to cover its reasonable, actual expenses as a result of your move.

Upon your death, the facility must convey within forty-five days, any personal funds under the management of the facility and a final accounting of those funds to the entity administering your estate.

 

12. Right to notice of transfer or discharge  

You have the right to remain in the facility, unless:

  1. The transfer of discharge is necessary for your welfare and you needs cannot be met in the facility;

  2. The safety of individuals in the facility is endangered;

  3. The health of individuals in the facility would otherwise be endangered;

  4. You have failed to pay for your stay;

  5. The facility ceases to operate

 

Unless you have agreed to the transfer/discharge, the facility must attempt through reasonable accommodation to address the issues so that you may continue to reside at the facility.

You have a right to receive a written notice of the facility’s intent to transfer/discharge you.  In most cases, at least a thirty-day written notice is required.  The notice must include specific information: the reason for and effective date of transfer/discharge, the location to which you will be transferred/discharged, and the name, address, and phone number of the state ombudsman.

The facility must provide sufficient preparation and orientation to you to ensure a safe and orderly transfer/discharge.

 

 Rights are Important ] Rights in Action ] [ Summary of Rights ] State Laws ]

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